Expert Analysis: The rights of victims in the pursuit of justice

In the UK, the re-imprisonment of Jon Venables, convicted along with another young boy at the age of ten in 1993 for the killing of James Bulger, is causing much debate.

It was a brutal and shocking crime – the unimaginably cruel killing of a child by two boys, a mere eight years older than their victim. The boys served eight years in detention and were then given new identities. The reason for Venables’ latest detention is not known at the time of writing and is the subject of much speculation.

Much discussion now centres on the rights of the killers versus the rights of the victim, in particular James’ mother Denise. There is a popular view that rights, and those who promote them, focus on criminals and abusers and that in this case the killers’ rights and protections have eclipsed Denise’s needs.

Talk of rights to a fair trial, conditions of detention and such dominate popular perception of human rights work in many parts of the world. Indeed, it is true that human rights advocates argue these issues for all, including those who may have committed the most heinous crimes. And it is right that this should be so.

What is often not adequately understood though is that human rights work is absolutely concerned with the rights of victims, with the pursuit and delivery of justice. There can be no justice without adequate attention to the victims of violations and crimes, to their experiences and needs.

The Commonwealth Secretariat’s best practice guide acknowledges that there has been a deficit in the attention historically given to victims of crime and that this should be addressed. For example, it notes the right of victims to be informed of parole hearings and information on premature release, where serious offences are concerned. Compensation and restitution are also discussed. National human rights commissions and victim support groups are well placed to assist victims in seeking redress.

Note: this article is about general principles of human rights work and not the specifics of the Bulger case.

Secretariat Links:

• Country Profile: United Kingdom
• Human Rights
• Publication: Commonwealth Guidelines for the Treatment of Victims of Crime